Decision

Great Oak v. S & T Accounting, 2018 ONSC 5934

The defendants brought a motion under rule 21.01(1) to strike portions of the statement of claim of the plaintiff to strike i) the claim against the defendant Tyulenyev; ii) the claim for passing off; and iii) the claim for unlawful interference with the plaintiff’s economic relations. The Court found that material facts supported the claim that Tyulenyev authorized the copyright infringement even though he was not a directing mind of the corporation. The Court held that whether the style and content of a written report of this nature can be recognized as a “get-up” which is defined as the appearance of a product that plays a crucial role in the purchase of that product, was an open question. The plaintiff’s claim, while found to be novel and with potentially wide ramifications if recognized was not struck. It was pleaded that the defendants’ false and misleading representations to the public that their reports were associated with the plaintiff were intentional ones and the Court found that it is this public that is the third party that falls within the tort so the claim was not struck. The motion was dismissed.

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I am a partner at DLA Piper (Canada) LLP practicing in the area of intellectual property. Material on this website are my own views and do not reflect the position of DLA Piper (Canada) LLP, any of its member firms around the world, or any of its clients. IPPractice.ca grew out of my hobby to gather and share interesting updates on intellectual property to friends and colleagues. This website does not provide legal advice, and should not be relied upon. Hope you enjoy the site - Alan Macek